On page 3, line 27, after "waived" insert "; or
(h) Aware of their proximity to a southern resident orca whale and makes reasonable efforts to act in accordance with the distance requirements set forth in subsection (1) of this section, but is still approached by a southern resident orca whale"
EFFECT: Adds exemption to enforcement penalty for persons who are aware of their proximity to a Southern Resident Orca and who make reasonable efforts to act in accordance with distance requirements, but are still approached by a Southern Resident Orca.